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Health & Welfare Plans Newsletter
December 1, 2025
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💼 3 New Job Opportunities
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[Guidance Overview]
CMS Fact Sheet on Hospital Price Transparency Policy Changes in CY 2026 Outpatient Prospective Payment System and Ambulatory Surgical Center Final Rule
"The policies in the final rule will further advance the agency’s commitment to ensure patients have the information
they need to make well-informed healthcare decisions by requiring the disclosure of actual prices and ensure pricing information is easily comparable across hospitals. This fact sheet discusses the hospital price transparency final provisions of the calendar year 2026 Hospital Outpatient Prospective Payment System and Ambulatory Surgical Center final rule." MORE >>
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]
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[Guidance Overview]
CMS Transparency Rule Aims to Make Pricing Estimates More Exact
"Key 2026 changes to machine-readable files (MRFs) include replacing estimated allowed amounts as the listed element when payer-specific negotiated charges are expressed as a percentage or an algorithm. Instead, the hospital must convey the median allowed amount and the 10th and
90th percentile allowed amounts. The rule thus phases out estimated allowed amounts only one year after CMS added them as an MRF component." MORE >>
Healthcare Financial Management Association [HFMA]; registration may be required
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[Guidance Overview]
GLP-1 Weight Loss Drug Enforcement in 2025: State Attorneys General Step Into a Growing Regulatory Gap
"As shortages resolved, many clinics, compounding pharmacies and online peptide sellers continued practices that had developed during a period of unusual market pressure. State attorneys general have stepped into the gap, using consumer-protection theories to police
misrepresentations, dangerous sourcing practices and improper use of research-grade materials. The FDA is now being asked to join that response." MORE >>
Stevens & Lee
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[Guidance Overview]
Colorado Becomes First State to Place Price Cap on Prescription Drug
"The state of Colorado ... has placed a price limit on the prescription drug Embrel from Immunex Corp. ... The Colorado Consumer Health Initiative estimates that the price cap could save consumers $32 million in drug spending. About 60% of the 2,500 individuals in Colorado who
take Enbrel have private insurance. Before the price cap, patients paid about $4,000 of the annual $58,000 cost of the drug. Now, the price of Embrel is capped at about $31,000 per year, and patients have a payment of about $600." MORE >>
Hall Benefits Law
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Surprise Billing IDR Award Cannot Be Enforced Under the Federal Arbitration Act
"In litigation under the No Surprises Act (NSA), a district court rejected a health provider's argument that an independent dispute resolution (IDR) determination involving a surprise medical billing claim under the NSA was enforceable under the Federal Arbitration Act (FAA).
The court also found that the NSA did not create a private cause of action for judicial confirmation of IDR awards." [Freeman Pain Inst. v. Horizon Blue Cross Blue Shield of N.J., No. 25-2507(D.N.J. Nov. 24, 2025)] MORE >>
Thomson Reuters Practical Law
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CRS Report on No Surprises Act (NSA) Independent Dispute Resolution (IDR ) Process Data Analysis for 2024
"This report ... reviews and analyzes data made publicly available ... regarding IDR operations in calendar year 2024.... [T]he data show an IDR process that was still maturing in 2024, as the year saw significant increases in the use of the IDR process by providers; a
large increase in the number of determinations made relative to 2023 and improvements in the amount of OON emergency/nonemergency service dispute determinations made within the generally required 33 business days; and continued notable increases in payment determination amounts in certain medical specialties." [R48738 Nov. 26, 2025] MORE >>
Congressional Research Service [CRS]
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Senator Cassidy Pitches Legislation to Regulate Consumer Health Apps
"Whereas HIPAA only covers healthcare providers, payers and clearinghouses and their business associates that electronically transmit data, Cassidy's HIPRA [S 3097] would address the growing number of consumer apps, wellness platforms and wearables that collect consumer health data such as weight, blood pressure readings, sexual health information or other sensitive health information." MORE >>
FierceHealthcare
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Why Addiction and Recovery Benefits Will Be Key in 2026
"As employers brace for rising healthcare prices next year, many are finding that better investments in behavioral health could be one of the most effective ways to curb costs.... [E]mployers risk further increasing their healthcare spending in the long-run if they don't
invest in preventive services and other more acute needs, as untreated substance use disorders often lead to repeated emergency visits, costly complications and more intensive medical care down the line." MORE >>
Employee Benefit News [EBN]; login required
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Benefits in General |
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[Guidance Overview]
What Is an SAR, and When Must It Be Provided? (PDF)
"A SAR is a summary annual report, and its purpose is to summarize for employees the information that appears in an ERISA plan's Form 5500. SARs are required each year for pension plans, including 401(k) plans, and for welfare plans unless an exemption applies.... The
SAR must be furnished to participants covered under the plan and to other individuals who must be provided with summary plan descriptions (SPDs), such as COBRA qualified beneficiaries. SARs may be distributed by any method permissible for SPDs, including electronically." MORE >>
Thomson Reuters / EBIA
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Employee Benefits Jobs
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Selected New Discussions |
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Missed FSA Contribution - How to Handle
"During a review of payroll deductions and benefits records, I discovered that one of our employees had a missed HCFSA deduction earlier this the year (system/timing issue from when the employee started his employment). If no corrective action is taken, the employee will be about
$120 short of his elected annual goal. When I reached out to the employee to make him aware of the situation, he stated he does not want additional money to be taken out of an upcoming paycheck as a correction -- he wants to leave things alone. What are my options? Are we required to take the additional $120 before the end of year to ensure that money deferred equals his annual election? If the employee objects, what
regulation/statute/article am I pointing him to so that he understands that this is required? Related but separate, If someone misses FSA contributions because they are on unpaid medical leave (not FMLA, but state mandated leave) and underfunds an FSA for the annually elected amount, how should that be addressed?"
BenefitsLink® Message Boards
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Life Insurance Beneficiary Deported After Participant's Death; Can the Plan Treat the Beneficiary as a Missing or Deceased Beneficiary?
"A participant of a welfare benefit fund passed away. However, his primary beneficiary has been deported and the plan officials have been unsuccessful in attempt to locate her. Can the plan treat the beneficiary as having predeceased the participant and make the benefit payable
to any contingent beneficiary or, if none, the plan's default beneficiary? Alternative, can the plan treat the beneficiary as a missing beneficiary and treat the death benefit as it would with respect to any other missing participant or beneficiary under the plan?"
BenefitsLink® Message Boards
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Press Releases |
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BLG PLLC Announces Continued Growth with the Addition of Randall Scherer.
BLG PLLC
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Webinars, Podcasts and Conferences (Health & Welfare Plans) |
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How Employee Benefits Attorneys Help Employers Save Money Through Plan Corrections
ON-DEMAND WEBINAR
KLB Benefits Law Group
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What Corporate Attorneys Should Know About Employee Benefit Law
ON-DEMAND WEBINAR
KLB Benefits Law Group
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Last Issue's Most Popular Items |
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Eleventh Circuit Rules Insurer's Interpretation of Preexisting Condition Provision Was Unreasonable
Kantor & Kantor
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Year-End Deadlines and Dates for Employee Benefit Plans
Venable LLP
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How AI Can Be Used in Employee Benefits
International Foundation of Employee Benefit Plans [IFEBP]
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Copyright 2025 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.
BenefitsLink® Health & Welfare Plans Newsletter, ISSN no. 1536-9595.
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